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documents and instruments now or at any time hereafter executed <br />and/or delivered in connection therewith or related thereto, <br />including, but not limited to, the Guaranty and this Agreement, as <br />all of the foregoing now exist or may hereafter be amended, <br />modified, supplemented, extended, renewed, restated or replaced. <br />(i) "Financing Order• shall mean the Interim Order <br />Authorizing Financing, Granting Senior Liens and Super Priority <br />Administrative Expense, Modifying Automatic Stay and Authorizing <br />Debtors to Enter Into'and Assume Agreements with Congree.s Financial <br />Corporation (Western) dated November _, 1990 in the Chapter 11 <br />Cases and such further interim, permanent and/or supplemental <br />orders relating thereto or authorizing the granting of c;redit by <br />Lender to Borrower pursuant to Section 364 of the Bankniptcy Code, <br />each in form and substance satisfactory to Lender. <br />(j) 'GAAP" shall mean generally accepted accounting <br />principles as i-. affect on the date hereof consistently applied. <br />(k) "Guaranty" shall mean the Continuing Guaranty and <br />Waiver, dated of even date herewith, by Guarantors in favor of <br />Lender absolutely and unconditionally guaranteeing all of the now <br />existing and hereafter arising obligations, liabilities and <br />indebtedness of Borrower to Lender, including, without limitation, <br />those arising under, related to or evidenced by the Financing <br />Agreements, as the same now exists or may hereafter be amended, <br />modified, supplemented, extended, zenewed, restated or replaced. <br />(1) 'Indebtedness" shall mean, as to any Person, all <br />items which, in accordance with GAAP, would be included in <br />determining total liabilities shown on the liability side of its <br />balance sheet as at the date such Indebtedness is to be calculated <br />and, in any event, shall include any liabilities secured by any <br />mortgage, pledge, lien or security interest existing on such <br />person's owned or acquired property. <br />(m) 'Obligations' shall mean all now existin.q and <br />hereafter arising obligations, liabilities and indebtedness of <br />Guarantors to Lender and/or its affiliates or participants, of <br />every kind and description, however evidenced, whether direct or <br />indirect, absolute or contingent, joint or several, secured or <br />unsecured, due or not due, primary or secondary, liquidated or <br />unliquidated, whether arising before, during or after t:he initial <br />or any renewal term of the Financing Agreements, or after the <br />conversion or dismissal of any of the Chapter 11 Cases, or before, <br />during or after the confirmation of any plan of reorganization for <br />any of Guarantors, whether arising under or related to this <br />Agreement, the Guaranty, the other Financing Agreement::, the <br />Financing Order or by operation of law, and whether inc;urred by <br />Guarantors as principal, surety, endorser, guarantor or otherwise <br />and including, without limitation, all principal, interest, <br />financing charges, early termination and other fees, commissions, <br />- 4 - <br />